BHAVNAGAR UNIVERSITY KARMACHARI PARIVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed by Bhavnagar University Karmachari Parivar through its President and Joint Secretary and has prayed for quashing and setting aside the part of GR dated 12.5.89 insofar as it excludes old campus employees from the benefit of campus allowance and also it confines the payment of campus allowance for a period of 5 years from 1.4.89. The petitioner has also prayed for mandatory directions to the State Government and the Bhavnagar University to pay campus allowance to non-teaching employees of Bhavnagar University with effect from 1-10-1978. It is the case of the petitioner that the Bhavnagar University has been set-up by the State of Gujarat as per the Bhavnagar University Act, 1978. Section 1 of the said Act has come into force from 18.4.78 and some of the provisions thereof were brought into force by the Government with effect from 1-6-78 and rest of the provisions including provisions regarding absorption of the staff of the Saurashtra University were brought into force with effect from 24.5.79.

(2.) It was stated by the petitioner that prior to the enactment of the Bhavnagar University Act, the area comprising the present area of Bhavnagar University formed part of University area of Saurashtra University established as per Saurashtra University Act, 1965. The Colleges at present run by the Bhavnagar University were immediately before the establishment of another university run by the Saurashtra University. It was further stated that prior to the establishment of the Bhavnagar University, the non-teaching staff at present under the employment of Bhavnagar University were part of the establishment of the Saurashtra University and the said staff came to be absorbed in the establishment of the Bhavnagar University by virtue of the operation of Section 70 of the Bhavnagar University Act, 1978. On the basis of the provisions contained in Sec. 70 of the said Act it was contended by the petitioner that the absorption of the staff was on the basis of the same terms and conditions of service as were applicable to them immediately before the date of their absorption by Bhavnagar University.

(3.) It was further stated by the petitioner that the members of non-teaching staff employed in the Saurashtra University and working at the campus thereafter were paid campus allowance at the prescribed rates. The Saurashtra University was also maintaining the campus at Bhavnagar prior to the establishment of the Bhavnagar University and the university staff employed and working at Bhavnagar campus were also entitled to the payment of campus allowance at the prescribed rate. It was further stated that the staff working at the Bhavnagar campus were being paid campus allowance upto September 1978. However, on 22.9.78, the Vice Chancellor of Saurashtra University decided to discontinue payment of campus allowance to employees working at the Bhavnagar campus. The said payment was discontinued with effect from 1.10.78 and the decision of the Vice-Chancellor was ratified by the Syndicate of the Saurashtra University by its Resolution dated 14.10.78. The employees working at the Bhavnagar campus protested against the discontinuance of the campus allowance and made several representations before the University as well as the State Government. However, no decision was taken by the Government till May 1989. The petitioner has further submitted that on 12th May 1989 the State Government issued a GR granting sanction for payment of campus allowance to the employees of Bhavnagar University at Rs. 75/= per month with effect from 1-4-89 for a period of 5 years. The benefit conferred by the said G.R. was confined to the employees working at the new campus only and it has specifically excluded non-teaching employees working at the old campus of the University. It was further stated that the payment of campus allowance to non-teaching employees of the Saurashtra University came to be dealt with by the State Second Pay Commission which has recommended the continuation thereof. The State Government had accepted the said recommendation, vide its GR dated 23.6.76. It was further submitted that the said recommendation did not contemplate any distinction between the employees of the Saurashtra University working at Rajkot and those working at Bhavnagar. The petitioner therefore challenged the GR dated 12.5.89 before this Court in the present petition by raising the contention that employees working at Bhavnagar are entitled to the continuation of the payment of the campus allowance and that by virtue of the operation of Section 70 of the Bhavnagar University Act, the employees working at Bhavnagar were entitled to continuation of the payment of the campus allowance even after the setting up of the Bhavnagar University. It was further submitted that the campus allowance was paid to Saurashtra University employees whose services remained with the said University even after the setting up of the Bhavnagar University and hence there was no rational behind the said discriminatory treatment which was unjust and selectively hostile according to the petitioner. It was further submitted that the said GR is also illegal in so far as it purported to confine the payment of campus allowance to campus employees for a period of 5 years from 1.4.89 and since there was no such stipulation applicable to those Saurashtra University employees whose services were retained with the Saurashtra University and not transferred to Bhavnagar University.